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PAPERS OF 
WILLIAM PATERSON ON THE 
FEDERAL CONVENTION, 

1787 




REPRINTED FROM THE 



§unevtatt gifetatral §txim 



VOL. IX NO. 2 JANUARY, 1904 



DOCUMENTS 

Papers of William Paterson on the Federal Convention, ij8j 

William Paterson is generally remembered as one of the 
leaders of the Small State party in the Federal Convention, and 
chiefly as the delegate who introduced and defended the New Jersey 
plan. In addition to his work in the Convention, he played an 
active part in national and state affairs. 

He was born in Ireland in 1745. His parents came to Phila- 
delphia two years later, and in 1750 settled in Princeton. He 
graduated from Princeton College in the class of 1763, and from 
1787 to 1802 was a member of the board of trustees. It is an 
interesting fact that in 1765, while studying law under Richard 
Stockton, a signer of the Declaration of Independence, Paterson was 
one of the founders of a patriotic society called the Well-Meaning 
Club. This was afterward reorganized as the Cliosophic Society. 
Enrolled among its members were Oliver Ellsworth and Luther 
Martin, two men who were later, like Paterson, strong advocates of 
the Small State policy at Philadelphia. 1 He was a member of the 
first Provincial Congress of New Jersey, 1775, a delegate to the 
Continental Congress, attorney-general of his state, and a member 
of the Annapolis Convention. 

After his work in favor of the New Jersey plan was finished, 
Paterson took little part in the debates of the Federal Convention. 
On July 23 he seconded a motion of Ellsworth that the Constitu- 
tion be referred to the legislatures of the states for ratification. 
There is no evidence of his participation in the Convention from 
that date to the time of signing the completed instrument. 

In the organization of the new government, Paterson was chosen 
as a senator from New Jersey, but he soon resigned to become 
governor and chancellor of his state. During the three years of 
his governorship he began the important work of collecting and 
putting into proper form all those British statutes held to be in 
force before the Revolution that by the constitution of New Jersey 
were to have force and validity, together with all the public acts 
passed by the New Jersey legislature. This task, finished in 1 800, 

1 W. Jay Mills, Glimpses of Colonial Satiety and the Life at Piineeton College 1766- 
x 773 (Philadelphia, 1903), 17. 

(3IO) 









S'O* 



Pater son o?i the Federal Convention 3 1 1 

is said to have been done with marked skill and judgment. 1 On 
March 4, 1793, he was commissioned by Washington as associate 
justice of the Supreme Court of the United States, a position which 
he held till his death in 1806. 

The following documents, unless otherwise noted, are at pres- 
ent in the Library of Congress, Division of Manuscripts. They 
have been recently secured from Mr. Noah F. Morrison, of Eliza- 
beth, New Jersey. Those that are not in the Congressional Library 
are here printed from copies made by Professor J. F. Jameson of 
originals furnished him by Miss Emily K. Paterson, of Perth Amboy, 
New Jersey. Copies of everything that is here printed are to be 
found in the New York Public Library, Lenox branch, among the 
Bancroft manuscripts. On the Bancroft copies are headings pre- 
pared for Mr. Bancroft's use. These headings suggest what, in the 
writer's opinion, the. papers refer to, and these indications have been 
of considerable service in the task of examining and arranging the 
notes for publication. In several instances the statements in the 
headings have not been followed in the arrangement of the papers 
as here printed. Such of the following papers as are now in 
the possession of the Library of Congress are called the Paterson 
Papers, and that designation is here retained as a heading to all of 
these documents. It should be noted, however, that two of these 
documents are in the handwriting of Brearley. 

David Brearley (1745- 1790), one of Paterson's colleagues in the 
Federal Convention, had been a lieutenant-colonel of the New Jersey 
line under General Sullivan. From 1779 till 1789 he was chief- 
justice of New Jersey, and from 1789 till his death judge of the 
United States District Court for that state. He signed the Consti- 
tution and was a member of the state convention that ratified it. 2 

Some of these notes will probably prove of little significance to 
the reader. In spite of this it has seemed well to publish. them, be- 
cause anything referring to the Federal Convention, and especially 
to the great central controversy, is of interest to students. Even 
though material of this kind may at first seem interesting rather 
than significant, it often happens that the special investigator will 
find in it meaning at first not appearing. It must be said, however, 
that many of these notes will probably prove valuable to the student 
of the Convention's work. They help to bring out with distinct- 
ness the character of the controversy between the advocates of the 

1 Hampton L. Carson, The Supreme Court of the U. S. (Philadelphia, 1892), 184 ; 
L. Q. C. Elmer, The Constitution and Government of the Province and State of A r ew 
Jersey (Newark, 1872), 88-94. 

2 For a biography of Brearley see Elmer, 274. 



3 1 2 Documents 

Virginia and the New Jersey plans, and they certainly throw light 
on the character of Paterson's arguments. 

The notes were not made in accordance with any definite system 
as were those of Madison. They are not so coherent and well- 
arranged as even those of Yates, King, or Pierce. In a few cases 
Paterson, following the speakers, made brief abstracts of their 
speeches in order to emphasize the thoughts that he considered 
most important. Other notes were prepared merely as memoranda 
for a reply to an opponent. In some cases there appear in the same 
memorandum to be references to speeches made on different days ; 
for example, the papers that seem to be notes for Paterson's speech 
of June 9 likewise include, apparently, mention of what Butler said 
on June ii. It is not impossible, therefore, that Paterson sketched 
out these thoughts for his speech, and, after he had spoken, inserted 
any remarks that had been made in opposition in order that he 
might make cogent reply. If this is not the case, and the explana- 
tion does not seem very satisfactory, then he simply jotted down 
thoughts for a speech, and for the purpose of argument inserted the 
statements of others as he remembered them. He worked over his 
argument at various times, and thrust into his outline the words of 
others on which he intended to comment. 

i. Notes of the Virginia Plan, May 29. l 

Govf Randolph — 

Propositions founded upon republican Principles. 

1. The Articles of the Conf ,lu should be so enlarged and corrected 
as to answer the Purposes of the Inst" 

2. That the Rights of Suffrage shall be ascertained by the Quantum 
of Property or Number of Souls — This the Basis upon which the larger 
States can assent to any Reform. 

Obj" — Sovereignty is an integral Thing — We ought to be one 
Nation — 2 

3. That the national Legf should consist of two Branches — 

4. That the Members of the first Branch should be elected by the 
People, etc. This the democratick Branch — Perhaps, if inconvenient, 
may be elected by the several Leg? — 

1 Cf. Documentary History of the Constitution, III. 17-20. The original of this 
paper is in the possession of Miss Emily K. Paterson, of Perth Amboy, New Jersey. It 
is evidently a condensation, perhaps hastily made, of Randolph's plan presented to the 
convention May 29. 

2 The purport of this interpolated comment is not plain ; but it would seem to be 
the center of what Paterson afterward contended for, viz. the convention could not divide 
up the sovereignty of the states ; if there was to be one nation, the states must be 
thrown together. 



Pater son on the Federal Convention 3 1 3 

5. Members of the 2 d Branch to be elected out of the first — to con- 
tinue for a certain Length of Time, etc. To be elected by Electors 
appointed for that Purpose — 

6. The Powers to be vested in the national Leg' — A negative upon 
particular acts, etc. contravening the Articles of the Union — Force — 

7. A national Executive to be elected by the national Leg r 

Checks upon the Leg v and Ex. Powers — 

1. A Council of Revision to be selected out of the ex. and judf De- 
partments, etc. 1 

2. A nat 1 Judiciary to be elected by the nat 1 . Leg r . — To consist of 
an inferior and superior Tribunal — To determine Piracies, Captures, 
Disputes between Foreigners and Citizens, and the Citizen of one State 
and that of another, Revenue-matters, national Officers — 

// 1. Provision for future States — 

2. A Guar? by the United States to each State of its Territory, etc. 

3. Continuation of Congress till a given Day. 

4. Provision, that the Articles of national Union should be 
amended — 

5. That the leg. ex. and judJ Officers should be bound by Oath to 
observe the Union. 

6. That Members be elected by the People of the several States to 
ratify the Articles of national Union — 



11. Report of the Committee of the Who'le, June 13. 2 

Report of the Committee of the whole House 
1 . Resolved, that [// is] the [opinion of this Committee 
of the U. S. 
that a National] Government A ought to [be established] 
consist [ing] of a Supreme Legislative, Judiciary, and Exec- 
utive. 
1 divided 2. Resolved, that the [National] Legislature ought to 



9 A 1 n - 1 Divided. 



consist of two branches. 

3. Resolved, that the Members of the first Branch of the 
of the United States 
[{National )] Legislature A ought to be elected by the People 

1 Beginning with this note the remaining eight resolutions of the fifteen 
are summed up, though not numbered as in the plan. 

2 This paper is in the handwriting of David Brearley. It is indorsed 
" Report of Committee 12 June 1787" in Brearley's handwriting. The 
committee, as a matter of fact, did not report until June 13. The inter- 
lineations and erasures as here represented admirably illustrate the subjects 
under discussion and the changes made in the report. Erasures are brack- 
eted and in italics. Evidently Brearley, using the report of the Committee 
of the Whole, or more properly his copy of the report, made changes in it 
in the course of the succeeding debates. 



AM. HIST REV. VOL. IX.— 21. 



3H 



Documents 



5 A. 
lost 



agreed to without 
amendment. 



carried 6. 
divided 



two to be of the Age 
of the several States, for the term of three years ; A [to receive 
of 25 years at least : 

fixed Stipends, by which they may be compensated for the devo- 
tion of their time to Public Service — to be paid out of the 
Public and incapable of holding, 

National Treasury ;] to be ineligible to, A any Office [estab- 
lished by a particular State, or] under the authority of the 
United States (except those peculiarly belonging to the func- 

of the first Branch 
tions of the first Branch) during the term of service, A [and 
under the National Government for the space of one year after 
its expiration.] 

4. Resolved, that the Members of the second Branch of 

of the U. S. 
the [National] Legislature A ought to be chosen by the indi- 
vidual Legislatures : to be of the Age of 30 years, at least ; 
of six years, one third of whom to go 
to hold their Offices for the Term A [sufficient to ensure their 
out of office biennially ; compensation for 

independancy namely of seven years] — to receive A [fixed Sti- 
pends, by which they may be compensated for] the devotion of 
their time to public service, — to be paid out of the National 
Treasury. 

g To be ineligible to any office established by a particular 
State, or under the authority of the United States (except 
those peculiarly belonging to the functions of the second 
Branch) during the term of service, and under the Nat! 
Govern! for the space of one year after its expiration. 

5. Resolved, that each Branch ought to possess the right 
of originating Acts. possess 

6. Resolved, that the National Legf ought to [be empow- 
ered to enjoy] the Legislative Rights vested in Congress by the 
Confederation ; and moreover to Legislate in all cases to 
which the separate States are incompetent, or in which the 
harmony of the United States may be interrupted by the 
exercise of individual Legislation, — to negative all laws 
passed by the several States contravening, in the opinion of 
the National Legislature, the Articles of Union, or any 
Treaties subsisting under the Authority of the Union. 

7. Resolved, that the Right of suffrage in the first Branch 
of the National Legislature ought not to be according to the 
Rule established in the \rticles of Confederation, but accord- 
ing to some equitable Ratio of representation, namely, in 
proportion to the whole number of White and other free 
Citizens and Inhabitants, of every Age, Sex and Condition, 
including those bound to servitude for a Term of Years, and 



y 



Pater son on the Federal Convention 315 

three fifths of all other persons, not comprehended in the 
foregoing discription, except Indians not paying Taxes in 
each State. 

8. Resolved, that the right of suffrage in the second 
Branch of the Nation! Legislature ought to be according to 
the rule established for the first. 

9. Resolved, that a National Executive be instituted, to 
consist of a single person to be chosen by the National Legis- 
lature for the term of seven years, with Power to carry into 
execution the National Laws — to appoint to Offices in cases 
not otherwise provided for ; to be ineligible a second time ; 
and to be removable on Impeachment and Conviction of 
Mai-Practice, or neglect of duty. To receive a fixed stipend 
by which he may be compensated for the Devotion of his time 
to public service ; to be paid out of the National Treasury. 

10. Resolved, that the National Executive shall have a 

Legislative 
right to negative any [National] Act, which shall not be 
afterwards passed unless by two third parts of each Branch of 
the National Legislature. 

1 1 . Resolved, that a National Judiciary be established, to 
consist of one Supreme Tribunal, — the Judges of which to 
be appointed by the second Branch of the National Legisla- 
ture ; to hold their offices during good behaviour and to re- 
ceive punctually at stated times, a fixed compensation for 
their services, in which no increase or diminution shall be 
made, so as to affect the persons actually in office at the time 
of such increase or diminution. 

12 Resolved, that the Nat! Legislat? be empowered to 
appoint inferior Tribunals. 

13 Resolved, that the Jurisdiction of the National Ju- 
diciary shall extend to cases which respect the collection of 
the National Revenue ; — Impeachments of any National 
Officers, and questions which involve the Na! peace and har- 
mony. 

14. Resolved, that Provision ought to be made for the 
admission of States, lawfully arising within the limits of the 
United States ; whether from a voluntary Junction of Gov- 
ernment and Territory, or otherwise, with the consent of a 
Number of Voices in the National Legislature less than the 
whole. 

15. Resolved, that provision ought to be made for the 
continuance of Congress and their Authorities and privileges, 
until a given day after the reform of the Articles of Union 
shall be adopted ; and for the completion of all their Engage- 
ments. 

16. Resolved, that a Republican Constitution, and its 



3 1 6 Documents 

existing laws, ought to be garraunteed to each State, by the 
United States 

17. Resolved, that provision ought to be made for the 
amendment of the Articles of Union, whensoever it shall 
seem necessary. 

18. Resolved, that the Legislative, Executive, and Ju- 
diciary Powers within the several States, ought to be bound 
by Oath, to support the Articles of Union. 

19. Resolved, that the amendments which shall be 
offered to the Confederation, by the Convention, ought at a 
proper time or times, after the Approbation of Congress, to 
be submitted to an Assembly or Assemblies of Representi- 
tives, recommended by the several Legislatures, to be ex- 
pressly chosen by the People to Consider and decide thereon. 
[Indorsement: Report of Committee 12 June 1787] 

in. Notes apparently used by Paterson in Preparing 
the New Jersey Plan, June 13-15. 

A. 

1. Resolved, That a union of the States merely federal 
ought to be the sole Object of the Exercise of the Powers 
vested in this Convention. 1 

2. Resolved, That the Articles of the Confederation 
ought to be so revised, corrected, and enlarged as to render 
the federal Constitution adequate to the Exigencies of Govern- 
ment, and the Preservation of' the Union — 2 

3. Resolved, That the federal Government of the 
United States ought to consist of a Supreme Legislative, 
Executive, and Judiciary — 

1 This resolution is partly stricken out in the original. Jameson says 
these five resolutions may not improbably be attributed to John Lansing, 
Jr., of New York. He also says that it will be plainly seen that it repre- 
sents an early stage of the Paterson plan. The fifth resolution is especially 
noteworthy. "In short," says Jameson, "we have in this document a 
Vorschrift for the New Jersey plan, drawn up by a man or men who were 
willing to go but little beyond" the schemes earlier proposed. Ann. 

Rep. Am. Hist. Assoc, igo2, I. 142. 

2 This resolution isthusgiven in Madison's notes, Documentary History, 
III. 125. It is the first resolution of Paterson's plan as there given. 
Jameson argues (p. 137) that this could not have been the first of Pater- 
son's resolutions as finally presented. His evidence is probably conclusive ; 
and yet it should be noticed that the resolution offered by Dickinson, 
" That the Articles of Confederation ought to be revised and amended, so 
as to render the Government of the United States adequate to the exigen- 
cies, the preservation, and the prosperity of the Union," would not be 
acceptable to either party. Paterson's supporters would wish to retain the 
words "federal Constitution." Is not Dickinson's motion characteristic? 



Pater son on the Federal Convention 3 1 7 

4. Resolved, That the Powers of Legislation ought to 
be vested in Congress. 1 

5. Resolved, That in Addition to the Powers vested in 
the United States in Congress by the present existing Articles 
of Confederation, they be authorized to pass Acts for levying 
a Duty or Duties on all Goods and Merchandize of foreign 
Growth or Manufacture imported into any Part of the United 
States not exceeding per Cent, ad Valorem to be ap- 
plied to such federal Purposes as they shall deem proper and 
expedient, and to make Rules and Regulations for the Col- 
lection thereof; and the same from Time to Time to alter 
and amend in such Manner as they shall think proper. Pro- 
vided, That all Punishments, Fines, Forfeitures, and Penalties 
to be incurred for contravening such Rules and Regulations 
shall be adjudged and decided upon by the Judiciaries of the 
State in which any Offence contrary to the true Intent and 
Meaning of such Rules and Regulations shall be committed 
or perpetrated ; subject nevertheless to an Appeal for the 
Correction of any Errors in rendering Judgment to the Judi- 
ciary of the United States. 

That the United States in Congress be also authorized to 

pass Acts for the Regulation of Trade as well with foreign 

imposts 1 - Excise — Nations as with each other, and for laying: such Prohibitions, 

Stamps — Post-Office — ' J & ' 

Poii-Tax — and such Imposts and Duties upon Imports as may be neces- 

sary for the Purpose ; Provided, That the Legislatures of the 
several States shall not be restrained from laying Embargoes 
in Times of Scarcity ; and provided further that such Imposts 
and Duties so far forth as the same shall exceed . . . per 
Centum ad Valorem on the Imports shall accrue to the Use of 
the State in which the same may be collected 2 

B. 3 

1. Resolved, That the articles of the confederation 
ought to be so revised, corrected, and enlarged as to render 
the federal constitution adequate to the exigencies of govern- 
ment, and the preservation of the union — 

2. Resolved, That the alterations, additions, and pro- 
visions made in and to the articles of the confederation shall 
be reported to the united states in congress and to the indi- 
vidual states composing the union, agreeably to the 13* arti- 
cle of the confederation — 

1 See Jameson, loc. cit., 140-141. 

2 This resolution is somewhat similar to the second resolution as given 
in Madison's notes, Documentary History, III. 125, and in the Brearley 
copy, ibid. , I. 322. Either no more was written of this paper or Pater- 
son copied no more, Jameson, loc. cit., 142. 

3 This goes farther than A and marks a later stage of the plan. 



7'. h Prop. 
Same - 



3 1 8 Documents 

3. Resolved, That the federal government of the united 
states ought to consist of a supreme legislative, executive, 
and judiciary — 

4. Resolved, That the powers of legislation be vested in 
Congress — 

See M r Lansing — 5 - 

See Gov. Randolph's. 6. 

7- 

Resolved, That every State in the Union as a State 
possesses an equal Right to, and Share of, Sovereignty, Free- 
dom, and Independance — 

Resolved, therefore, that the Representation in the su- 
preme Legislature ought to be by States, otherwise some of 
the States in the Union will possess a greater Share of 
Sovereignty, Freedom, and Independance than others — 

Whereas it is necessary in Order to form the People of 
the U. S. of America into a Nation, that the States should be 
consolidated, by which Means all the Citizens thereof will 
become equally intitled to and will equally participate in the 
same Privileges and Rights, and in all waste, uncultivated, 
and back Territory and Lands ; it is therefore resolved, that 
all the Lands contained within the Limits of each State indi- 
vidually, and of the U. S. generally be considered as consti- 
tuting one Body or Mass, and be divided into thirteen or 
more integral Parts. 1 

Resolved, That such Divisions or integral Parts shall be 
styled Districts. 

C. 

Reproduced in facsimile on page 319. A copy by Pater- 
son of the first four resolutions, but not numbered, and with- 
out the erasures and interlineations found in B. Aside from 
minor variations, C differs from B only in the second resolu- 
tion, where "shall " is changed to " ought to." 2 

1 To account for such a proposition as this in connection with the New 
Jersey plan is a matter of some difficulty. In the original paper this reso- 
lution is so written as undoubtedly to be joined with the preceding. Other- 
wise it might seem to be a mere sporadic note. Reference is evidently 
made to this in other notes and memoranda below. See also Brearley's 
speech of June 9, where the erasure of state boundaries is advocated, and 
Paterson's reference to the same idea, Doc. Hist., III. 96, 97. See 
also especially Madison's speech of June 19. It is apparent that Paterson 
and Brearley proposed this as the only way of doing justice to the large 
states and securing the safety of the small states. Ibid., III. 1 61. 

2 See Jameson, loc. cit., 142. 



Pater son on the Federal Convention 3 1 9 







*2&i>z~-e-^?%*0 



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-i*«--z-tf*— O 






320 Documents 



iv. Notes for Speeches. 1 

A. Notes for Speech of June g. 2 

i. The Plan. 

2. The words national and federal. 

3. Collection of Sentiment — Object, to take under Con- 
sideration the State of the American Union — 

Consider the Nature and Construction of this Assembly. 
Formed under the act of Congress passed in Conformity 
with one of the Articles of the Confed!' 

See the Com" 3 from Mass' 8 
Assumption of Power— The Com" measures our Power — to revise the Confed'. 1 to 

report to Congress and the several Leg 5 — must not go beyond 
our Powers — 

Self-constituted and self-ordained Body. 

The Com? give the political Complexion of the several 
States — not ripe — we must follow the People; the People 
will not follow us — The Plan must be accommodated to the 
public Mind — consult the Genius, the Temper, the Habits, 
the Prejudices of the People. 

A little practicable Virtue to be preferred to Theory. 

Not to sport Opinions of my own — not to say w! is the 
best Gov! or what ought to be done — but what can be done 
— w! can we do consistently with our Powers ; w! can we do 
that will meet with the Approbation of the People — their 
Will must guide — 

Insurrections — So there are in every Gov! — even in 
England — it may shew, that our particular Systems are 
wrong — that our Inst" s are too pure — not sufficiently removed 
from a State of Nature to answer the Purposes of a State of 
Society — it will not militate ag! the democratick Principle 
when properly regulated and modified — 

The democratick Spirit beats high — 

Not half wrong enough to have a good Gov' — 

1 The notes numbered A-E are in the Bancroft copies marked " Notes 
for speech of 9 June," but it is by no means clear that all these are notes 
for the speech of that day. Apparently Paterson worked over his argu- 
mentseveral times, and the burden of his thought was somewhat consistently 
the same : the want of power in the Convention ; the unreadiness of the 
people to support a plan for a consolidated government ; the maintenance 
of the equality of the states. In the notes of Madison, Pierce, King, and 
Yates we find no indication that Gouverneur Morris made a speech on the 
ninth. The words in A given in connection with the name of Morris ap- 
pear again in B. 

2 This document is in the possession of Miss Emily K. Paterson. 

3 Commission. 



Paterson on the Federal Convention 



121 



W. 1 Q? of Land- 



Foetus of a 
Monarch — 3 



An infant Hercules 
in his Cradle — 



2. The Plan proposed — The i s ! Prop" withdrawn J — it 
was incompatible with the 2 d The Principles were gradually 
unfolded — 

The i Prop" accords with the Spirit of the Const" 

Each State is sovereign, free, and independ! etc. Sover- 
eignty includes Equality — 

If then the States in Union are as States still to continue 
in Union, they must be considered as Equals — 

13 sovereign and independent States can never constitute 
one Nation, and at the same Time be States — they may by 
Treaty make one confederated Body — 

Mf Randolph — We ought to be one Nation — etc. The 
States as States must be cut up, and destroyed — This is the 
way to form us into a Nation 2 — It has Equality — it will 
not break in upon the Rights of any Citizen — it will destroy 
State Politicks and Attachm ts Will it be acceded to, etc. 

G. Morris — Every Citizen should enjoy a rateable Pro- 
portion of Sovereignty — 

The Mind of Man is fond of Power — 

Enlarge his Prospects, you increase his Desires — Propor- 
tion of Votes — State-Politicks, State-Attachments, State- 
Influence, State-Passions — Districts — 

Great Britain and America — Suppose Represent" from 
the latter before the Revolut" according to the Quantum of 
Property or Number of Souls — W! the Consequence — 

3 Article 4 — Com. Defence, Security of Liberty, mutual 
and general Welfare. 

A national Gov! to operate individually upon the People 
in the first Instance, and not upon the States — and therefore 
a Representation from the People at large and not from the 
States — 

Will the Operation of the nat! Gov! depend upon the 
Mode of Represent" — No — it depends upon the Quantum 
of Power lodged in the leg. ex. and jud?' Departments — it 
will operate individually in the one Case as well as in the 
other — 

Why not operate upon the States — if they are coerced, 
they will in Turn coerce each individual — 

1 Evidently referring to Randolph's first proposition as contradicting 
the second. The first resolution of Randolph is distinctly like the first of 
Paterson's as the Paterson plan appears in Madison's notes, Doc. Hist., III. 
125. Paterson was here contending that Randolph's original first proposi- 
tion was constitutionally sound, i. e. in conformity with the Articles. 

2 Apparently a reference to the idea later embodied in the resolution in 
III. B, above, page 318. See also Paterson's speech of June 9. 

3 Randolph used this expression June 2. See Pierce's notes, Am. 
Hist. Rev., III. 322. 

1 Referring to the third article of the Articles of Confederation. 



322 Documents 

Let the People elect the State-Leg! — The State-Leg! elect 
the federal Leg. r — assign to the State Leg! its Duty — the 
same to the federal — they will be Checks upon each other, 
and the best Checks that can be formed — Cong, the Sun of 
our political System — 

Why a Representation from the People at large — to 
equalize Represent" Maj! Butler — Represent" — Property — 
People — 

M r Wilson — Majority of the States sufficient. This in 
Opposition to M r King — 

2 Views, i . Under the Confed" — 1 3 th Article — Rhode - 
Island. 2. As forming an original Combin" or Confederacy 
— can bind the contracting Parties only — - 

The large States can agree upon a Reform only upon the 
Principle of an equal Represent'.' L 

1 1 Prop? 2 

If the lesser States form a Junction of Gov! and Territory, 
the G y 3 ceases to operate as to them — This will prevent a 
Consolid" of Gov' and Territory — 

The People will likewise prevent any new State from be- 
ing taken from the old — Vermont — Kentucky — several in 
Embryo — Republicks — Monarchies — large Frontiers. 

B. Notes for Speech of June p. 

1. The Confederation — its leading Principle. unani- 
mously assented to — 

2. The Nature and Construction of this Assembly. 
Formed under the Confed" Res" of Congress — The Com? 
measures our Power — it gives the political Complexion of 
each State — to revise the Confed? 

Must not go beyond our Powers — People not ripe — 

A little practicable Virtue to be preferred to Theory. 

What expected — Regulation of Commerce, Coll" of the 

Revenue, Negative, etc this will draw after it such a Weight 

of Influence and Power as will answer the Purpose — they 

will call forth the dormant Powers — 

3. The Plan proposed. The 1 Prop" withdrawn — it was 
incompatible with the 2* 4 Much Dispute about Dist? between 
federal and National Governments. The Principle was grad- 
ually unfolded — 

1 So the original plainly says. Possibly Paterson meant to write un- 
equal ; or by "equal " he meant just or proportional. 

2 Referring to the eleventh proposition of the Virginia plan : " Res., 
that a Republican Government and the territory of each State, except in 
the instance of a voluntary junction of Government and territory, ought to 
be guaranteed by the United States to each State." 

3 Guaranty. 

4 See above, page 321, note I. 



Pater son on the Federal Convention 323 

w* Q y of Land, etc The i Prop n accords with the Spirit of the Confed n Each 

i^eyapproac eac oner, g tate j s sovere ig nj f reej an( j independent etc. The Idea of 

a Supreme, and the Maxim Imperium in Tmperio — 

If then the States in Union are as Sta'es still to continue 
in Union, they must be considered as Equals, etc. 

13 sovereign and independant states can never consti- 
tute one Nation ; they may by Treaty make one confederated 
Body- 
Mr Randolph — we ought to be one Nation — 2 Arti- 
cle 1 — 5 th Article 1 — 

G. Morris — Every Individual should enjoy a rateable 
Proportion of Sovereignty — 

Districts — 

3 Article 1 — Common Defence, Security of Liberty, mu- 
tual and general Welfare — Proportion of Votes. 

1 1 Prop n 

If the lesser States form a Junction of Gov? and Terri- 
tory, the G J . ceases to operate as to them — This will prevent 
a ConsoP of Gov* and Territory — 

The Prop n will likewise prevent any new States from 
/ being taken from the old — Vermont, Kentucky — Several 
in embryo — Republics — Monarchies — large Frontiers — 

The large States can agree to a Reform only upon the 
Principle of an Equality of Represent 

In what we are all agreed — 

C. Notes for speech of June p. 
Mass. 

" for the sole and express Purpose of revising the Articles 
of Conf dn and reporting to Congress and the several Leg? such 
Alterations and Provisions therein as shall when agreed to in 
Congress and confirmed by the States render the federal 
Const a adequate to the Exigencies of Government and the 
Preserv n of the Union." 
Connect? as above — 
Jersey, etc 
Georgia, 

States." 1 Quota of Tax. Delegates. 

Virginia 512,974 16. 

Massachusetts 448, 854 14. 

Pennsylvania 410,378 1 2 . 3^ . 4 2 ^ 

Maryland 283,034 8.^. 

1 Evidently a reference to the second, fifth, and third articles of the 
Articles of Confederation. 

2 This table is printed in Doc. Hist., I. 331, except that the column 
giving quotas is not footed here. It is there dated " Sep r 27 th 1785," and 
iodorsed " hon. D. Brearly Esq." 



324 Documents 

States. Quota of Tax. De egates. 

Connecticut 264, 182 8 - 

New York 256,486 8- 

North Carolina 218,012 6^(. 

South Carolina 192,366 6- 

New Jersey 166,716 5- 

New Hampshi re 105,416 3 }{. 

Rhode Island 64,636 2- 

Delaware 44,886 r%\ 

Georgia 32,060 1. 

90- 

D. A Fragm>nt, possibly connected with Pater son' s Speech 
of June Q. 

Ambition goads him on. The Impulse is progressive — 
enlarge his Prospects, and you enlarge his Desires. As to 
orders — as to Societies. Mithradates — Com. Defence — 
Liberty. 

M. r Madison — Districts. 

M: King. 

Guarranty. 

Nature of Gov'! 

So corrected and enlarged. 

Regulation of Commerce, 

the Collection of Revenue. 

Negative in particular Cases. 

To promote the general Welfare, to protect Liberty and 
Property. 

Cr. Lands. 

E. Notes for Speech of June p. 

1 — Great Britain and America — Represent" from the 
latter before the Revolution according to the Number of 
Souls — W' the Consequence. 1 

2. Representation from the People at large and not from 
the States 2 — 

3. National Governm! to operate individually upon the 
People in the first Instance, and not upon the States 3 — 

Durability. 

1 Apparently referring to the argument used in his speech of June 9 : 
" It was once proposed by Galloway and some others that America should 
be represented in the British Pari- and then be bound by its laws. America 
could not have been entitled to more than l / 3 of the N° of Representatives 
which would fall to the share of G. B. Would American rights and 
interests have been safe under an authority thus constituted ? " Madison's 
notes, in Documentary History, III. qS. 

ilbid. 

3 Ibid. 



Paterson on the Federal Convention 325 



F. Notes for Speech of June 16} 

1. Because it accords with our Powers. Suppose an 
Attorney. Who can vote ag< it — If Confed" cannot be 
amended, say so — The Experim! has not been made. 

2. Because it accords with the Sentiments of the People. 

1. Com. 8 

2. News-papers — Political Barometer. Jersey never 
would have sent Delegates under the first Plan — 

Not to sport Opinions of my own. W! can be done. A 
little practicable Virtue preferrable to Theory. 

1. As States — independant of any Treaty or Confed n — 
Each State is sovereign, free, and independant — Sov- 
ereignty includes Equality. We come here as States and as 
Equals — Why vote by States in Convention — We will not 
give up the Right — 

Mf Wilson — A Principle given up in the first Confed n2 

2. As under the existing Articles of the Confed D 
5 th Article — unanimously entered into. 

Back Lands — Jersey — Maryland — 3 

A Contract. The Nature of a Contract. Solemnly 
entered into — Why break it — why not the new or present 
one be broke in the same Manner — 

Convenience. 

The last Clause in the Confed" — 

Some of the States will not consent — 

Self -Destruction . 

Hitherto argued upon Principle — as States — as subsist- 
Aboiition of the lesser i n g Treaties — The Danger to the lesser States — The Natural 
States— Progress of Power — Combination of Parts — Orders — 

States — Proportion of Votes — State-Politicks and Attach- 
ments — Great Britain and America — 

Obj ns The larger States contribute most, and therefore 
Represent" ought to be in Proportion — 

No — they have more to protect. 

2. For the Sake of preserving the Liberty of the others — 

A rich State and poor . 

State in same Relation 3. Wealth Will have ltS influence 

as a rich Individual and a / -., .„ „ r _ TTT ., ± r t-> • ■ i ah«i ■ i 

poor one. Obj — M" Wilson — first Principles — All Authority de- 

1 This document is in possession of Miss Emily K. Paterson. 

2 Wilson, according to Madison's notes, made use of some such ex- 
pression in his speech of June 9, Doc. Hist., III. 99. 

3 " It was the small ones that came in reluctantly and slowly. N. 
Jersey and Maryland were the two last, the former objecting to the want 
of power in Congress over trade : both of them to the want of power to 
appropriate the vacant territory to the benefit of the whole." Paterson, 
June 16, as condensed by Madison, Ibid., 131. 

i Reference is made here and in many of the succeeding arguments to 
Wilson's speech of June 9, Doc. Hist., III. 99. 



326 Documents 

rived from the People — The People entitled to exercise 
Authority in Person. One free Citizen ought to be of equal 
Importance with another — true — One free State of equal 
Importance with another — Both true when properly applied. 
The Beauty of all Knowlege consists in the Application — 

One free Citizen ought to be of equal Importance with 
another — they are Members of the Society, and therefore 
true — England and Switzerland. Pennsylv a and Jersey — 
they have the same Privileges, partake in the same common 
Stock, for Instance, in back and unlocated Lands. The 
Gen n soon found out the Diff? between a Pennsylv a and a 
Jersey-Man when we talked of Consolid'! then the Pennsyl a 
a large County and a „ ave up ia — jvj . n0 — ^ Nation, when it is necessary to 

small County — ' o sr / •> ' ' J 

go by Majority of Votes, a State, when it is necessary to 
divide the common Stock — 

Equalize the States — No Harm — no Hurt. No author- 
ity for that Purpose — and then it is impracticable — 

Authority — Why talk of the first set of Propositions — 

Impracticable — how does that appear — Make the Ex- 
periment — Propose the Measure to the Consideration of the 
States — 2 

Obj" — There must be a national Governm' to operate 
individually upon the People in the first Instance, and not 
upon the States — and therefore a Representation from the 
People at Large and not from the States — 

1. Will the Operation and Force of the Gov! depend 
upon the mode of Represent" — No — it will depend upon 
the Quantum of Power lodged in the leg. ex. and jud y Depart- 

1 Perhaps referring to Williamson's speech of June 9, which he made 
in answer to Paterson, Doc. Hist., III. 100. 

2 Paterson' s argument in these paragraphs may be this : The gentlemen 
are desirous of making a nation ; but when we propose consolidation by a 
redivision of the states so that the parts may be equal, then it is apparent 
that Pennsylvania would lose a portion, one-third, of its land. They are 
for a nation, when it is a question of voting, but they are for the state when 
a division of the land is proposed, or a division of the common stock. Let 
us try the plan of equalizing the states. No harm will be done. Gentle- 
men argue that they have no authority. If they are hesitating because of 
want of authority, why do they talk of the Randolph plan ? They have no 
authority to propose those measures either. Why is it argued that it is 
impracticable to throw the land into a common stock and divide the states 
anew ? How does that appear ? Make the experiment. Propose the 
measure to the consideration of the states. 

If Paterson and Brearley had this scheme as much in mind as it would 
appear they had, it is apparent that they were not quite so determined as 
some to adhere to the principle of the Confederation as the only solution. 
There came out distinctly the old small state jealousy and above all the 
interminable land question which had agitated the states almost from the 
beginning of the war. 



Pater son on the Federal Convention 327 

ments — it will operate individually in the one Case as well 
as in the other — 

2. Congress are empowered to act individually or to carry 
the Req' into Exec? in the same Manner as is set forth in the 
first Plan — 

3. If not, it may be modified to answer the Purpose. 

4. If it cannot be done, better than to have some States 
devoured by others — 

Obj n — Congress not sufficient — there must be two 
Branches — a House of Delegates and a Senate ; why, they 
will be a Check — This not applicable to the supreme Coun- 
cil of the States — The Representatives from the several 
States are Checks upon each other. 

In a single State Party Heat and Spirit may pervade the 
whole, and a single Branch may of a sudden do a very im- 
proper Act — A second Branch gives Time for Reflexion ; the 
Season of Calmness will return, etc. Is this likely to be the 
Case among the Representatives of 13 States — 

What is the Fact — Congress has hitherto conducted with 
great Prudence and Sagacity — the People have been satisfied 
— Give Congress the same Powers, that you intend to give 
the two Branches, and I apprehend they will act with as much 
Propriety and more Energy than the latter. 

The Chance for Wisdom greater — Refinement — Secre- 
tion — 

The Expence will be enormous — 

Congress the Sun of our political World. 

G. Notes, probably for a Speech not delivered} 

1. The Equality of the States — Sovereignty and Equality 
are com ertible Terms. Pennsylv! 1 a distinct political Being — 

2. As under the existing Articles of the Confed° A Con- 
tract solemnly entered into. 

3. The Danger to the lesser States. 

4. The Impracticability of the present System. 

5. Its Expence — 

It must be admitted, that before a Treaty can be binding, 
each State must consent. 

1 This document is in the possession of Miss Emily K. Paterson. 
These notes are in one document, and it has not seemed wise to separate 
them. On the Bancroft copies the first portion, i. e. to the words " Obj? 
M.\ Wilson — The Minority," is headed " Notes for speech of 16 June "; 
what follows is headed " Notes of Wilson's of 30 June ; Madison's of 19 
June ; King's of 30 June cf. Elliot V." A comparison with the notes 
given below in V. E, page 336, belonging to June 30, seems to show 
lhat the remarks of Madison, as well as those of Wilson and King as here 
given were made on June 30. 



3 2 8 Documents 

Obj': s — 

The larger States contribute most — and therefore Rep- 
resent" ought to be in Proport" 

i. Ansf They have more to protect. A rich State and 
a poor State in same Relation as a rich Individual and a poor 
one. 

2. For the Sake of preserving the Liberty of the others — 
Compromise — Their System. 

3. Wealth will have its Influence. 

Obj" Mr Wilson — The Minority will vote away the Prop- 
erty of the Majority. 

Ans! This secured by the first Branch — ' 
The Majority will vote away the Liberties of the Minority 2 
— W! is Wealth when put in Competition with Freedom — 

Mad!' Coercion never The ^^ g^^ ^ dest the 1 r _ Lamb and 

can be used ag; a large J ° 

State. Lyon 

Obj" M r Maddison — The Confed" inadequate to its Pur- 
poses. Repeated Violations in every State — Each Violation 
renders the Confed" a Nullity — 3 

1 No. The same Power to rescind as to make. It would 
be in the Power of one Party always to abrogate a Compact. 

Obj" M. r Maddison — The Confed!' obtained by the Neces- 
sity of the Times. 

Is the Plea of Compulsion set up. Look at the Confed" 
unanimously assented to — MF Wilson given up — Not com- 
plained of — We come here under that Confed." 

Obj" Mf King — Equality is the Vice of the present Sys- 
tem. How does it appear — 

Object" — MF King * — The great Charter of England — 
Certain constitutional Principles to be observed — Power in 
the Mag? to prevent a Violation of fundamental Principles — 

Union of England and Scotland. 

1. A Union or Consolidation — this a Confederacy. 

2. It was to be sure agreed to — Bribery made use of — 

3. A King. 

4. The Vicinity of France — 
The last Time of Meeting — 

H. Notes apparently for Speech of July p. 

Number of Inhabitants. 

New Hampshire in 1774 100.000. 

Massachusetts in 1774 400,000. 

1 This would seem to make it plain that this note was made after 
June 29. 

2 This probably from Ellsworth. 

3 A reference to V. E, below and to Doc. Hist., III. 253, will show 
that this is a part of Madison's speech of June 30. 
*£>oc. Hist., III. 262. 



Pater son on the Federal Convention 329 

Rhode-Island by a Return to the Legislature in Feb? 1783. 
48.538 Whites. J 
3.331 Blacks, j • y- 

Connecticut in 1774 

Whites 192.000. \ 

Blacks (nearly) 6.ooo- j " 

in 1782 nearly 220.0.0. 

New York in 1756. 96.775. 
in 1771. 168.000. 
in 1786. Whites 219.996. ) 

Blacks 18.889 } 23 ' S - 885 - 

New Jersey in 1783. 139.000. 

about 10,000 Blacks included — 
Pennsylvania — 
Delaware — 

Maryland in 1774 estimated at. 350.000. 

Blacks 3/7 150.000. 

Virginia in 1774 650.000. 

Blacks as 10 to 11 300.000. 

In the lower States the ace? are not to be depended on — 



The Proportion of Blacks. 

In Connecticut as 1. to 33. 

The same Ratio will answer for Massachusetts 

In Rhode-Island as 1 to i$j4- 

In New York as 1 to 1 2 nearly. 

In New Jersey as 1 to 13 nearly. 



20.1 
40.1 



Virginia^ 

Mass^ s _ 

Pennsylv? 

Maryland 

Connecticut. 

New York 

N. Carolina. 
S. Carolina^ 
N. Jersey 



New Hamsphire 

Rh. Island 

Del. 

Georgia 



56 



5 
6 

5 
5 
4 

3 
1 
1 

65 l 



x The first column shows the representation according to Morris's re- 
port of July 9 ; the second that provided for by King's report from com- 
mittee, July 10. 

AM. HIST. REV., VOL. IX. — 22. 



Documents 



M r Brearley. 



M r Wilson • 



Mf W m son. 



Mf Maddison 



Rutledge. 



Dickinson — 



Dickinson 
King — 



Butler. 



4 East" States 

5 Middle States 
4 South n States 



i7- 

2 5- 
2 3- 
6; 



v. Notes on Debates. 



A. Notes on Debate of June o. 1 

unfair ; because of the Combination of the Parts. 

Districts — 

Equalize the States — 

All Authority is derived from the People — the People en- 
titled to exercise Authority in Person — Italy — Roman Cit- 
izens — 

2 Things necessary — i. That the Representatives express 
the Sentiments of the represented. 2. That the Sentiments 
thus expressed should have the same Operation as if expressed 
by the People themselves — 

Numbers the best Estimate of Property. One free Citi- 
zen ought to be of equal Importance with another. 

One Mass — 13 — it will be given away 1/3 of the Terri- 
tory — 

No Authority — it is besides impracticable. 

He wishes the Distinction of States might be destroyed. 

A Principle given up in the first Confed" 

It does not appear to him, that the lesser States will be 
swallowed up. 

A small County, and a large County ; according to 
Numbers — 

B. Notes on Debate of June 11. 

Resolved, That the Rights of Suffrage in the first Branch 
of the national Leg r ought not to be according to the Article 
of Confed", but according to some equitable Ratio of Repre- 
sentation — 

Not by the Number of free Inhabitants, but according to 
the Quotas of Contribution — 

The Terms, "Quotas of Contribution," very indefinite 
— it ought to be according to the actual Contribution — 

Supposes, that there will not be any Assignment or 
Quotas to States ; the Governm! to operate individually, and 
not on States — 

The Power to be in Proportion to actual Contribution — 

Suppose an Impost — Connecticut and Jersey do not 
import — they will have no Representatives — 

This to be left to the State Leg" — Sum to be pro- 
portioned — 

1 See Documentary History, III. 94 ff. 



Paterson on the Federal Convention 



33i 



Gerry. 



Either Rule good — by Numbers best to ascertain the 
Right of Represent this agreeably to the Sentiments of 1 1 
States — Impost alone will not be sufficient to answer the 
national Exigencies — Revenues arising from Postage — The 
present Quota not a lasting Rule — People to be numbered at 
fixed Periods — A Rule arising from Property and Numbers — 

Rule of Taxation not the Rule of Representation — 4 
might then have more Voices than ten — Slaves not to be put 
upon the Footing of freemen — Freemen of Mass? not to be 
put upon a Footing with the Slaves of other States — Horses 
and Cattle ought to have the Right of Represent? Negroes — 
Mules — 

The Taxes must be drawn by the nat! Governmt. immedi- 
ately from the People ; otherwise will never be collected — 

Leave the particular Rule for the present. A common 
Standard ought to be provided — 



Lansing - 



Paterson. 
Wilsoni 



to connect tl 
gether as States. 



C. Notes on Debate of June 16. 

Contrasts the Principles of the two Systems — 

The national Plan proposes to draw Represent" from the 
People. 

The federal Plan proposes to draw Represent? from the 
States. 

The first will absorb the State- Go vernm 1 . 3 

1. The Powers of the Convention. 

2. The Probability as to the Adoption of either System — 
Publick Acts — particularly the Act respecting the 

Impost. 

Reasoning upon Systems unsupported by Experience 
generally erroneous — 

The Plans do not agree in the following Instances. 

1. The Gov* consists of 2 Branches. 

2. The original Authority of the People at Large is 
brought forward. 

3. Representation to be according to the Number and 
Importance of the Citizens. 

4. A single Executive. 

5. A Majority of the United States are to control. 

6. The national Leg. can operate in all Cases in which 
the State Leg. cannot. 

7. The national Leg. will have a Right to negative all 
State-Acts contravening Treaties, etc. 

8. Ex. Mag. removable on Conviction. 

1 We have here a new summary of Wilson's long and able speech of 
this date. 



332 Documents 

9. The Ex. to have a qualified Negative, over Acts of the 
Leg" — 

10. Provision is made for superior Tribunals — 

11. The Turisd" of the national Leg!" is to extend to all 
Cases of a national Nature. 

12. National Peace, all Questions comprehending it, will 
be the Object of the national Judiciary — 

13. Delegates to come from the People. 

The relative Merit of the two Plans. 

1. Upon Principles 

2. Upon Experience. 

3. The joint Result of both. 

He can conclude finally Nothing ; and to propose every 
Thing — he may propose any Plan — 

Sentiments of the People ; those with whom we converse 
we naturally conclude to be the Sentiments of the People. 

States Sovereignments and State Governm' 8 not so much 
an Idol as is apprehended — a national Government to pro- 
tect Property and promote Happiness, the Wish of the People. 

Will a Citizen of New Jersey think himself honoured 
when addressed as a Citz n of that State, and degraded when 
addressed as a Citizen of the U. S. 

The People expect Relief from the national Councils ; it 
can be had only from a national Governm' — 
Equalization— A new Proposal thrown out for the Sentiments of the 

People. 

Ad 1 Powers ought not to be given to Congress. Obj us to 
that Body. 

1. Congress as a legislative Body does not stand upon the 
Authority of the People. 

2. Congress consists of but one Branch. 

An equal Represent in Proportion to Numbers. 
Answf Citizens of the The Foundation, the Progress, and Principles of Repre- 

same State. sentation — Look at England — Holland — the Vote of every 

Province necessary. L d Chesterfield — 

Impost opposed and defeated not by one of the large 
States — 

The Consent of Rhode-Island will be necessary on the 
Jersey-Plan — 

A single Leg r 

Despotism presents itself in several various Shapes — mili- 
tary Despot — ex. Despot — Is there no such Thing as a leg. 
Despot — The Leg. Authority ought to be restrained — 

The Restraints upon the Leg" must be such as will 
operate within itself — No Check in a single Branch — 



Pater son on the Federal Convention 



333 



Should have distinct and independant Branches — reciprocal 
Controul. 



Pinckney 



Elsworth. 
Randolph 



Annapolis 



A single Executive — Triumvirate of Rome — 2 Triumvi- 
rate — Augustus rose superior — Sparta — Rome — 

If Jersey can have an equal Represent" she will come into 
the Plan from Virginia — 

Views — to amend the Confed Q if not amendable, then to 
propose a new Governing — 

Solely recommendatory — Powers sufficient. Division of 
Territory ; not seriously proposed 2 — The due Settlem! of the 
Importance of the States necessary — this done at present 
with Respect to Contribution. 

England. 

1 Congress unfortunately fixed on equal R6present n — they 
had not the Means of determining the Quota — If each State 
must have a Vote, each State must contribute equally — 

1. Whether the Articles of the Confed" can be so re- 
formed as to answer the Purposes of a national Governm! — 

No Usurpation of Power in this Convention. The Spirit 
of the People in Favour of the Plan from Virginia — 

Powers pursued ; if Powers wanting, we should do what 
is right. 

Our Debts remain unpaid while the federal Gov! remains 
as it is — 

The i3 ,h Article — provides for the alteration of the 
Articles, then of course for the Alteration of the 5 th Article. 

Powers in a deliberate Assembly — ridiculous — We are 
only to compare Sentiments — Disdain Danger, and do what 
is necessary to our political Salvation — We must avail our- 
selves of the present Moment. 

His Constituents will applaud, when he has done every 
Thing in his Power to relieve America — 

No Provision ag* foreign Powers or Invasions, no Mony 
nor Men — Militia not sufficient — 

No Provision ag! internal Insurrections, nor for the 
Maintenance of Treaties — 

Coercion two Ways — 1. as to Trade — 2. as to an 
Army — 

1 This is considerably longer than the condensation of Pinckney's 
speech given by Madison. It has here also considerably more force and 
meaning. Cf. Doc. Hist., III. 136. 

2 Once more a reference to Paterson's and Brearley's plan for consoli- 
dation. 

3 An outline of Randolph's able speech of June 16. This throws light 
on some of Randolph's argument as condensed by Madison. 



334 Documents 

Legislation affecting Individuals the only Remedy. This 
Power too great to lodge in one Body — 

Congress possess both Legislation and Execution — 

The Variety of Interests 1 in the several States require a 
national Legislation ; or else there may be a Combination of 
States — 

The Mode of electing Congress an Obj n — the Delegates 
will be under the Influence of its particular States. 

Cabal and Intrigue of which such a Body as Congress 
may be capable. They are too numerous for an Executive. 

No Provision under the Confed n for supporting the Har- 
mony of the States — their commercial Interests different. 

No provision for Congress to settle Disputes — 

No Provision made or Power in Congress for the Suppres- 
sion of Rebellion — no Troops can be raised — Congress 
ought not to have the Power of raising Troops. 

A Navigation Act may be necessary — Give Power to 
whom — not to Congress — capable of Intrigue and Cabal ; 
Inadequacy of Representation ; Want of Confidence in Con- 
gress — 
Divide leg. and ex. Congress fallen considerably in their Reputation. 

Branches and then Doers 

may be open— Doors not open in Congress. 

This the last Moment ever will be offered 2 — 



D. Notes on Debates of June 27, 28, and 2p. s 

June 27. 1787. 4 

Have those who upon the present plan hold -J-g- part of the 
Votes, a 13 th part of the weight, — certainly not — upon this 
plan they sink to nothing 

The Individual right of Citizens is given up in the State 
Gov'. s they cannot exercize it again in the Gen 1 Government. 5 

It has never been complained of in Congress — the com- 
plaint there is the want of proper powers. 6 

1 That this argument is important in Paterson's mind is indicated by a 
hand on the margin of his notes pointing to this. 

2 " A Nat? Gov! alone, properly constituted, will answer the purpose ; 
and he begged it to be considered that the present is the last moment for 
establishing one. After this select experiment, the people will yield to 
despair." Doc. Hist., 111. 138. 

3 In the handwriting of David Brearley. 

■•According to Madison's notes, Martin alone spoke on this day, his 
speech lasting three hours. Doc. Hist., III. 224. 

5 This is undoubtedly the argument of Martin based on his notion that 
the state governments rested on compact. 

6 Here Mr. Brearley has indicated by a hand the importance of the 
argument. 



Pater son on the Federal Convention 



335 



M r Madison 



M! Williamson 2 



M^ Madison. 



Doct. Johnson 



M^ Gorham- 



Col. Hamilton 



June 28" 1 

M r . Martin resumed his argument. 

The Gen! Gov! is not to regulate the rights of Indi- 
viduals, but that of States. The Gen! Gov! is to Govern Sover- 
eignties, then where the propriety of the several Branches 
— they cannot exist — there can be no such checks. 

Amphictyonick Council of Greece represented by two 
from each town — who were notwiths? the disp n of the Towns 
equal — Rollins Ancient Hist. 4 Vol. pa. 79. 

All the Ancient and Modern Confed ns and Leagues were 
as equals notwithstanding the vast disproportions in size and 
wealth. 

If the large States, who have got a Majority, will adhere 
to their plan, we cannot help it, but we will publish to the 
world our plan and our principles, and leave it to judge. 

Have we seen the Great Powers of Europe combining to 
oppress the small — 1 

Yes — the division of Poland. 



They talk in vague Terms of the great States combining 
etc 2 

Wants to know how it is possible that the large States can 
oppress the small 3 

The rule to tax the States according to their numbers 
would be cruel and unjust — it would Create a war. 

If you form the present Government, the States will be 
satisfied — and they will divide and sub-divide so as to be- 
come nearly equal — 

June 2<? t!l 

If the States are represented as States — they must be rep- 
resented as Individuals. 

New-Jersey ought not to oppose the plan, as she at pres- 
ent pays the Taxes of Penn. and N. York, from which she 
would be relieved. 

Will have the States considered as so many great Corpor- 
ations, and not otherwise. 

That States have equal rights to vote, is not true It is 
estab! 1 by the Law of Nations that they have equal votes — 
but does it follow that they can not contract upon a different 
footing — 

That the Gen! Governm! will act, not only, upon the 
States, but upon Individuals. 

As long as the State influence is kept up there will be 
danger — but the influence will not be as great as is appre- 
hended. 

1 A hand on the margin. 

2 In Madison's notes this speech precedes that of Madison. Doc. Hist., 
III. 227. 

3 A hand on the margin. 



Easy to correct it. 



336 Doctime7its 

The small states have j t j g contest f or p0 vver in the weaker States. 1 

had a lesson 01 State Hon- 1 

est y Gentlemen of Congress when they vote always connect 

with them the State views and politicks — and therefore — 
Ml Gerry. That upon Tryal it has been found that the Articles of 

Conf n are not adequate — 

That the small States have abused their power, and in- 
stanced Rho. Island. 

E. Notes on Debate of June jo. 2 
Wilson - Did not expect this Question at this Stage of the Business. 

Member of Connecticut said, not more than one State to 
Eastward would accede. 
Sense of Duty. 

This as to Contrib" 2 2 OUt Of 90 — 110t j/ 

Artificial Systems of States — 

The Voice of the Minority will vote away the Property 
of the Majority — 

A Solecism. 

7 States can control the 6. 

States imaginary Beings abstracted from Men — 

No other Foundation will be solid — 

The 3 large States combined. W? He wants the Prin- 
ciples of the Comb" — they will be Rivals. 

Their Interests are different. 

24 out of 90 cany more of an Aristocracy, 
why wish for an Union 2 Kinds of bad Gov! — i. That Gov' which does not do 

of the lesser States — , , . , . . , , . -,-. 

enough — and 2. that which does too much — Be as we were 
before we met. 
Yes —but then the 2 The System of Virginia and the System of Jersey agree 

Systems oppose each . _ 

other. as to the rowers — 

Gov! by the States necessary. There can be no Difficulty 
as to this Point. 
m! Eiswonh. Obj" A Minority will govern a Majority. You put it in 

the Power of a few to prevent the Oppression of the many. 

Political Societies are to govern — 

In the Br. Const" the few has a Check upon the many; 
and one upon both — 

The House must be demolished — but it only wants a 
Shingle — :i 

If Congress had voted by a Majority, all Evils would have 
been cured — 

Rhode-Island — The Power not in Congress. 

Are not the large States safe now — 

1 A hand on the margin. 

2 This document is in the possession of Miss Emily K. Paterson. 

3 " We are razing the foundations of the building. When we need only 
repair the roof. " Doc. Hist., III. 252. 



Paterson on the Federal Convention 



337 



M T . Maddison. 



Lycia. 

Germaniok Body. 



M r Elsworth. 
M. Sherman. 



MT Davie — 



M! Wilson - 



Doct. Franklin. 



Mf King. 

i apt" Dayton. 

M! Maddison. 



M. r Bedford- 



Suppose the large States should agree that 4 free Ports 
should be established. 

Suppose lucrative Offices — 

Self- Preservation . 

No Unity of Interests — 

The Confed? inadequate to its Purposes. 

Resol" of Con! refusing to comply with a federal Req n 

Reported Violations in every State. 

The Rule of Conf'l 11 obtained by the Necessity of the 
Times — 

The large States will not be secure by the lower Branch. 

2 d Branch may possess a Negative over the Laws of the 
State-Leg? 

Con' has furnished more th n her Quota as to Men — 

M! Wilson asks, why the Interests of the lesser States 
cannot be as safe in the Hands of the larger States as in their 
own — 

The Resol n as reported by the Com ee is impracticable — 
is too large — 

The 2 d Branch being executive must sit constantly. 

Not necessary to sit constantly — 

Each State should have one Senator — 1 Member in the 
second for every 100,000 People ; and 1 for the smallest State. 

This a Compromise on the Part of the large States. 

He will not insist upon small Matters — if the great Prin- 
ciples can be established — 

Gov! placed upon a false Basis. 

The lesser States afraid of their Liberties ; the larger 
States afraid of their Money. 

Treaty between France and the U. S. the latter had no 
Disposition over the Treasury of the former. 

Equality is the Vice of the present System. 

The Am! 1 is Congress in a new Form; servile to the 
States. 

No Dispos n in C! z Rep. or Corporations to swallow up 
the Rest. 

Purity of Principle — 



1 Amendment probably ; if so, it may refer to Wilson's proposition to 
have one senator in each state " for every 100.000 souls, and let the States 
not having that n° of inhabitants be allowed one." Doc. Hist., III. 256. 
Such would seem to be the connection judging by Madison's notes ; but on 
the other hand it is much more reasonable to suppose that Madison in this 
speech is referring either to Ellsworth's motion " that the rule of suffrage 
in the 2 d branch be the same with that established by the articles of con- 
federation" (D,c. Hist., III. 245), or to Franklin's proposals [Ibid., 257). 

2 Or C7, meaning county. 



3 3° 



Documents 



M r King. 

This a 

Consolid." 

The King 

Bribed. 
France— 
Ireland. 



Maddison. 



Butler. 
G. Morris. 



Gerry. 



Sherman • 



Madison. 



Gerry — 



G. Morris — 



Magna Charta of England. Certain const! Principles to 
be observed. 

Union of England and Scotland. 

Power in the Mag! to prevent a Violation of fundamental 
Principles. 

Gov! a progressive Force. 

F. Notes on Debate of July 5? 

The Interest of the smaller States to come into the 
Measure — Delaware — foreign Power — New-Jersey. Single 
and unconnected. 

The People will not agree to it. 

Suppose the larger States agree — the smaller States must 
come in. 

Jersey would follow the Opinions of New York and 
Pennsylv'! 

The Sword must decide — 

The strongest Party will make the weaker Traitors and 
hang them — foreign Power. 

Should be open to Conviction — 

— The larger States must prevail — they must decide; 
they are most powerful. 

Not Members of a Synod, or Conventicle — 

G. Notes on Debates of July 7 and p. 

About 2,000 Men in the smaller States, who compose the 
Executives, Legislatives, and Judiciaries ; all interested in 
opposing the present Plan, because it tends to annihilate the 
State- Governments. 

If a Majority of the lesser states be ag! the Laws of the 
national Governm! ; those Laws cannot be executed — There 
must then be a Branch immediately from the States. 

An Agreem! elsewhere cannot be expected unless the 
Representation be fair — 

1. The Upper Branch may put a Veto upon the Acts of 
the lower Branch. 

2. May extort a Concurrence. The smaller States near 
the Centre ; they may compose a Majority of the Quorum. 

The larger States will have more Influence ; they have in 
Congress ; this from the Nature of Things. 

Great Care will be taken to lessen the Powers of the 
2 d Branch — 

Corporations to be protected. 

1 The subject under discussion was the report of the Committee pro- 
viding for equal representation in the second branch and the initiation of 
revenue and appropriation by the first branch. 



Pater son on the Federal Convention 339 

Separate colonial Existances — 

Corporations — The small States — go on and fight out 
the Rev n or give us an equal Vote. 

The small States say, that they will have greater Rights 
as Citizens — 

Must have such a Gov? as will give Safety — 

State-Policy not a proper Object for a vigorous Governm! 

In Proportion to the Vigour and Strength of the State 
Governm'. 3 will be the Febleness of the general Governm! — 

We must have it in View eventually to lessen and destroy 
the State Limits and Authorities — 

The Germanick Const" — The Emperor has never been 
able to collect them — the separate Parts were too inde- 
pendant — 

Monday 9 th July, 87. 
G°rham. Report of Com eel 

Necessary, that the Atlantic States should take Care of 
themselves ; the Western States will soon be very numerous. 

H. Notes on Debate of July 2j. 2 
1. The Constitutionality of the Measure. 

Reasons. 

1. The People the Source of Power. Union — 

2. The Leg r of To-Morrow may repeal the Act of the 
Legf of To-Day. So as to Convention — 

3. Some of the Const ns not well or authoritatively founded 
— Acquiesence. 

Expediency. 

2 Branches in some of the States — 

Judges, etc excluded — 

The very Men that will oppose — Rh. Island — 

1 This was the report of the committee stating the representation of 
each state in the first Congress. 

2 The heading on the Lenox Library copy is " Notes of Paterson pos- 
sibly of Madison's speech of 19 June." The notes seem however to cover 
the debates of July 23, the day on which Paterson seconded Ellsworth's 
motion that the Constitution be referred to the legislatures for ratification. 
Down to the first blank line, i. e. through the word "Acquiesence," the 
notes refer to the speech of Mason. Down to the next blank line, i. e. from 
"Expediency" through " Rh. Island," the notes refer to the speech of 
Gorham. The next line, beginning with "The Debt" and ending with 
"Idea," refers to Ellsworth's remarks. From the words "The Legf," 
through the words "13 States," reference seems to be to the remarks of 
G. Morris. Possibly " Congress over again" refers to something said by 
King but perhaps by Morris. The last sentence is doubtless an assertion 
of Madison's. 



34-0 Documents 

The Debt will go with the Gov! — this a prevailing Idea — 

The Leg' has no Right to alter the Const" or the Con- 
fed'. 1 — 

Not acting under the Confed n Nothing but a Compact 
resting upon the 13 States. 

Congress over again. 

A Violation of the Compact by one of the Parties, leaves 
the rest at Large, and exonerated from the Agreem.' 



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